BOONE v. COX

No. 14512.

433 F.2d 343 (1970)

Leroy BOONE, Appellant, v. J. D. COX, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 20, 1970.


Attorney(s) appearing for the Case

Richard G. Brydges, Virginia Beach, Va. (Court-assigned counsel), for appellant.

Overton P. Pollard, Asst. Atty. Gen. of Virginia (Andrew P. Miller, Atty. Gen., of Virginia, on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and WINTER, Circuit Judges.


PER CURIAM:

In the course of Boone's trial for armed robbery and burglary the prosecution introduced into evidence a jacket and some .38-caliber shells found during a search of his automobile. Having exhausted his remedies in the state courts, Boone seeks his release by federal habeas corpus on the ground that the search was unlawful.

We find no deprivation of his rights.

The affidavit for the search warrant was deficient under the standards of Spinelli...

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